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HomeMy WebLinkAboutDocumentation_Regular_Tab 4B1_9/14/1995 1 -9 Memorandum To: Thomas G. Bradford, Village Manager From: Scott D. Ladd, Building Official PS" Date: 09/07/1995 Subject: Draft Ordinances Amending the Zoning Ordinance, Ordinance 355,as Amended Tom attached are eighteen(18) sets of packets containing nine (9)proposed draft ordinances that amend certain sections of the Zoning Ordinance or that add new sections to the Zoning Ordinance. Some of the proposed changes, additions and/or deletions are housekeeping in nature and are proposed amendments that we have been collecting over the past several years. There are a couple of proposed ordinances that add new sections to our Zoning Ordinance, such as: • A new Section X(S),Home Occupations and a new Section X(R), Multi-family Recyclable Material Facilities. • There is a draft ordinance that proposes to abolish the current Board of Adjustment and give those powers and duties to the Villages Council. • There is a proposed ordinance that amends the Sign Code to comply with legislative changes regarding political signs. • There is a draft ordinance that revises the Site Plan Review application process in an effort to streamline the process. • The Village Attorney put together a draft ordinance that amends the non-conforming use section of the Zoning Ordinance to provide some relief to the R-3 district condos on Beach Road with regard to rebuilding after a catastrophic event. • There is a draft ordinance that amends the parking regulations in order to strike a better balance between landscaped open space and parking spaces by reducing the size requirement for parking spaces, changing the parking space ratio (formula)to track current national trends and to offer a certain percentage of compact parking spaces. All of these parking regulation changes are being proposed in order to help our commercial and multi-family communities to'achieve closer compliance with Ordinance 377,the Village's Landscape Code. Attached immediately in back of each draft ordinance is a copy of the existing ordinance section being amended and/or a copy of support documents that were used as the source from which some or all of the draft ordinances were written. Please place the nine draft ordinances on the September 14, 1995 Council meeting agenda for first reading. Thanks. SDL:pm Attachments • ORDINANCE NO. I AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING ORDINANCE NO. 355, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE VILLAGE, AT SECTION VIII, OFF-STREET PARKING AND LOADING REGULATIONS; BY AMENDING THE TITLE OF SECTION VIII BY ADDING ON-STREET TO THE TITLE; BY AMENDING SUB-SECTION (A), APPLICATION OF REGULATIONS AT PARAGRAPH (1), BY REWRITING PARAGRAPH (1) TO ADD ON-STREET PARKING LANGUAGE, TO CHANGE THE MINIMUM PARKING SPACE SIZE DIMENSIONS, AND TO PROVIDE FOR AN ALLOWANCE OF A PERCENTAGE OF COMPACT SIZE PARKING SPACES; BY AMENDING SUB-SECTION (D), MARKING, AT PARAGRAPH (1), BY AMENDING THE REQUIREMENTS TO REQUIRE DOUBLE-PAINTED LINES AT ALL 9' X 18' AND 8' X 16' PARKING ' SPACES; BY AMENDING SUB-SECTION (H), OFF-STREET PARKING SPACE REQUIREMENTS, BY ADDING ON-STREET TO THE TITLE AND BY FURTHER AMENDING SUB-SECTION (H) AT PARAGRAPH (24) AND (29) TO AMEND THE FORMULAS FROM (100) SQUARE FEET AND (175) SQUARE FEET TO READ (250) SQUARE FEET, RESPECTIVELY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA,PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. Ordinance No. 355, as amended, the Comprehensive Zoning Ordinance of the Village of Tequesta, is hereby amended at Section VIII, by amending the title to read as follows: Section VIII. Off-street and on-street parking and loading regulations. Section 2. Ordinance No. 355, as amended, the Comprehensive Zoning Ordinance of the Village of Tequesta, is hereby amended at Section VIII, sub-section (A), at paragraph (1) by rewriting paragraph(1) to read as follows: (A) Application of Regulations. (1) For the purpose of this Zoning Ordinance, the term "Off-street parking space" shall consist of a parking space having minimum dimensions of nine (9) feet in width by eighteen (18) feet in length for the parking of each motor vehicle,exclusive of access drives or aisles thereto. ' lk The term "On-street parking space" shall consist of a curbside,parking space having minimum dimensions as may be required by the Florida Department of Transportation (FDOT) and/or the Village of Tequesta Consulting Engineers as may be appropriate for the type and roadway classification of the subject roadway. Minimum width of an access drive shall be ten (10) feet for R-1 and R-1A Districts. For all other districts,the minimum width of each aisle designed and intended for the maneuvering of a motor vehicle into a parking space shall be determined by the angle of • parking as shown in the parking lot dimension table of this section. The parking plan shall be so arranged that each motor vehicle may be placed and removed from the parking space assigned thereto and taken to and from the property without necessity of moving any other motor vehicle to complete the maneuver. Each lot, parcel, or property, subject to a development or redevelopment proposal, shall be allowed to design its off-street parking space areas utilizing a maximum of twenty-five (25) percent of the minimum required parking spaces to be "identified" as' "compact spaces" with minimum dimensions of eight (8) feet in width by sixteen (16) feet in length, subject to the review and approval of the Village Consulting Engineers, the Village development review staff and the Village Council. Section 3. Ordinance No. 355, as amended, the Comprehensive Zoning Ordinance of'the Village of Tequesta, is hereby amended at Section VIII, sub-section (A), Application of Regulations, by adding a new paragraph(8)to read as follows: (8) On-street parking may, upon review and approval by the Village Council, be allowed within all zoning districts within the Village and the minimum number of required parking spaces to be provided may include a combination of on-street and off-street spaces. When using on-street parking to meet a portion of the required parking for a proposed project, only those spaces that lie within the street frontage areas of the property proposed for development or re-development may be included in the total calculations for.meeting the minimum required parking requirements. On-street parking can only be provided on those streets that utilize curb and gutter drainage systems in lieu of swale systems and where the total right-of-way width is sufficient to provide for approved paved roadway traffic lanes,on-street parking and curb and gutter drainage systems. Section 4. Ordinance No. 355, as amended, the Comprehensive Zoning Ordinance of the Village of Tequesta, is hereby amended at Section VIII, sub-section (D), Marking, at paragraph (1), by amending the requirements to require double parallel painted lines as follows: (D) Marking. (1) Off-street parking spaces shall be marked by double parallel painted lines, curbs or other acceptable means to indicate individual spaces. On-street parking spaces shall be marked by single painted lines, or other acceptable means, or as may be required by FDOT to indicate individual spaces. Compact parking spaces shall be so identified by painting "Compact Vehicle Only" on the surface of each space so designated. Handicap accessibility parking spaces shall be identified and marked per current Federal, State and County requirements. Signs, markers and/or directional arrows shall be used as necessary to ensure the efficient and safe operation of the parking lot or area. Each off-street parking space shall be provided with a permanently affixed car stop or continuous raised curb made of concrete or other acceptable material approved by the Building Official. Section 5. Ordinance No. 355, as amended, the Comprehensive Zoning Ordinance of the Village of Tequesta, is hereby amended at Section VIII, sub-section (H), Off-street and on-street parking space requirements,by amending the first 2 paragraphs at sub-section (H)to read as follows: (H) Off-street and on-street parking space requirements. (Certain of these requirements may be in conflict with the special parking requirements set forth in the property development standards for use within the MU,Mixed-Use District. Where a conflict exists,the property development standards of the MU District shall apply.) There shall be provided at the time of the erection of any main building or structure, or at the time that any main building or structure is enlarged by more than twenty-five(25) percent of the square footage of the existing building or structure,or increased in capacity by adding dwelling units,guest rooms,floor area or seats, minimum off-street motor vehicle parking space with adequate provisions for ingress and egress by a motor vehicle,in accordance with the following: Section 6. Ordinance No. 355, as amended, the Comprehensive Zoning Ordinance of the Village of Tequesta, is hereby amended at Section VIII, sub-section (H), off-street and on-street parking space requirements, by amending paragraphs (24) and (29) to read as follows: (24) Retail Sales and Service: One(1)space per two hundred-fifty (250)square feet of gross floor area which is devoted to Sales, Display and Customer Service. Y V (29) Shopping Centers: One(1) space per two hundred-fifty (250) square feet of gross leasable area (GLA). Section 7. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end,the provisions of this Ordinance are hereby declared severable. Section 8. Repeal of Ordinances in Conflict. All other ordinances of the Village of Tequesta, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 9. Codification. This Ordinance shall be codified and made a part of the Official Code of Ordinance of the Village of Tequesta. Section 10. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. THE FOREGOING ORDINANCE was offered by Councilmember , who moved its adoption. The Ordinance was seconded by Councilmember , and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION The Mayor. thereupon declared the Ordinance duly passed and adopted this- day of , 1995. MAYOR OF TEQUESTA • Ron T.Mackail ATTEST: Village Clerk up -/a 00- . rrmT Codelrn9�'-i;je. ( Sec.VII TEQUESTA CODE Sec.VIII • f. Minimum rear yard setback: Residential 10 feet Commercial Where commercial 0 feet abuts commercial Where commercial 10 feet abuts residential g. Minimum living area re- Not appli- quirements: cable. h. Minimum landscaped/open 1 space: Residential 25% Commercial 25% (Ord. No. 370, § 4, 8-11-88; Ord. No. 375, § 1, 10-13-88; Ord. No. 379, §§ 2, 3, 12-13-88; Ord. No. 390, § 1, 9-14-89; Ord. No. 415, § 2, 10-25-90; Ord. No. 417, .§ 1, 1-24-91; Ord. No. 453, §§ 1-4, 5-27-93; Ord. No. 454, §§ 1, 2, 5-27-93; Ord. No. 465, §§ 3, 4, 2-10-94) SECTION VIII. OFF-STREET PARKING AND LOADING REGULATIONS (A) Application of Regulations. (1)-For the purpose of this zoning ordinance, the term `off- street parking space" shall consist of a parking space having minimum dimensions of ten(10)feet in width by twenty(20)feet in length for the parking of each motor vehicle,exclusive of access drives or aisles thereto. Minimum width of an access drive shall be ten(10) feet for R-1 and R-1A Districts.,For all other districts, the minimum width of each aisle designed and intended for the maneuvering of a motor vehicle into a parking space shall be determined by the angle of parking as shown in the parking lot dimension table of this section. The parking plan shall be so ar- ranged that each motor vehicle may be placed and removed from the parking space assigned thereto and taken to and from the property without necessity of moving any other motor vehicle to. complete the maneuver. . Supp.No.,24 1138.10 Sec.VIII APPENDIX A-ZONING Sec.VIII 4,000 to 25,000 sq.ft 1 space_ 25,000 to 40,000 sq.ft 2 spaces 40,000 to 60,000 sq.ft 3 spaces For each additional'50,000 sq.ft. 1 additional space The loading or unloading spaces required in each instance shall he not less than twelve(12)feet in width, fifty (50)feet in length and fourteeh(14)feet in vertical clearance,and may occupy all or any part of any required yard except for a required front yard. Provided, however, that the loading or unloading spaces shall be screened from the street or public way and shall be exclusive of all driveways. aisles, or drives provided for other off-street park- - ing areas. 1 (7) The use of and/or designation of parking spaces as"reserved" for individual tenants,businesses and/or property owners shall be prohibited. This section shall not apply to those parking spaces designated to meet the requirements of state, county and munic- ipal handicap parking regulations. (B) Screening. • (1) All off-street parking areas shall be screened in accordance with section X (H) Landscaping. General Requirements. • (C) Drainage and Maintenance. (1) Off-street parking facilities shall be drained to prevent dam- age to abutting property and/or public streets and alleys and • surfaced with asphalt,concrete,"paver block,"or similar surface in accordance with applicable village specifications. Off-street parking areas shall be maintained in a manner as to not create a traffic or pedestrian hazard or nuisance, as well as in a clean, orderly, and dust-free condition at the expense of the owner or • lessee and not used for the sale, repair,dismantling,or servicing of any vehicles,equipment, materials, or supplies. (D) Marking. (1) Parking spaces in lots shall be marked by painted lines, curbs, or other means to indicate individual spaces. Signs or markers shall be used as necessary to ensure efficient traffic operation of the lot. Each parking space shall also be provided Supp.No.21 1139 a Sec.VIII TEQUESTA CODE Sec.VIII • with a permanently affixed car stop made of concrete or other similar material approved by the building official. (2) The internal traffic operation within the parking lot shall be established by the use of approved signs and directional arrows. (3) Parking facilities shall be provided with appropriate site lighting. (E) Parking and Loading Design Standards. (1) Parking facilities shall be landscaped in accordance with section X (H) Landscaping: General Requirements. (F) Parking Access and Driveways. (1) Each parking stall shall have appropriate access to a street or alley and maneuvering and access aisle areas shall be suffi- cient to permit vehicles to enter and leave the parking area in a forward motion,with the exception of a single-family and duplex areas. Driveways shall be paved and meet the requirements out- lined below unless very high volumes or other special circum- stances warrant variation by the village consulting engineer. Access dimension guidelines: Dimension at Street: (Width in feet*) Minimum (one-way) 15 Minimum (two-way) 25 Maximum 35 Right turn radius (In feet**) Minimum 10 Maximum 30 * Measured along right-of-way line at inner limit of curbed ra- dius sweep or between radius and near edge of curbed island at least fifty(50)square feet in area. The minimum width applies principally to one-way driveways. ** One side of driveway exposed to entry or exit by right- turning vehicles. Supp.No.21 1140 Sec.VIII TEQUESTA CODE Sec.VIII (H) Off-Street Parking Space Requirements. (Certain of these re- quirements may be in conflict with the special parking require- ments set forth in the property development standards for use within the MU, Mixed-Use District. Where a conflict exists, the property development standards of the MU District shall apply.) There shall be provided at the time of the erection of any main building or structure, or at the time that any main building or structure is enlarged by more than twenty-five(25)percent of the square footage of the existing building or structure, or increased in capacity by adding dwelling units, guest rooms, floor area or seats, minimum off-street motor vehicle parking space with ade- quate provisions for ingress and egress by a motor vehicle of standard size, in accordance with the following: (1) Adult congregate living facilities: Shall provide off-street parking as follows: a. Adult congregate living facility: Two (2) spaces for each dwelling unit or equivalent. b. Extended care facility: Two (2) spaces per four (4) pa- tient beds. (2) Auditorium, stadium, assembly half cultural and civic cen- ter, gymnasium, theatre, community recreation center: One (1) space per four (4) fixed seats in largest assembly room or area, or for each forty (40) square feet of floor area available for the accommodation of movable seats in the largest assembly room, or one (1) space per one hundred fifty (150) square feet of gross floor area; whichever is applicable to the facility. (3) Automotive repair: Three(3)spaces per service bay, if any, • or one (1)space per one hundred(100)square feet of gross ' floor area whichever is greater. (4) Bar and lounge: One (1) space for each two (2) seats pro- vided for patron use as established by the fire occupancy rating for the size and capacity of the establishment. (5) Beauty shop, barber shop, and personal service: One (1) space per two hundred(200)square feet of gross floor area, or two (2) spaces per barber chair or three (3) spaces per Supp.No.24 - - . 1142 Sec.VIII TEQUESTA CODE Sec.VIII (18) Museum, art gallery, and similar uses: One (1) space per four (4) seats in rooms for public assembly or for each two hundred(200)square feet of gross floor area for use by the public, whichever is greater. (19) Police and fire stations: One (1) space per two hundred (200)square feet of gross floor area. (20) Post office: One(1)space per one hundred(100)square feet • of gross floor area. (21) Private clubs, swim and country clubs: One (1) space per • three (3) persons of maximum capacity of the facility as determined by its fire occupancy rating. . - (22) Public library: One(1)space per three hundred(300)square feet of gross floor area for public use. (23) Public utility buildings: One (1).space per one thousand (1,000)square feet of gross floor area plus one(1)space per • two hundred(200)square feet of office or attendant area. (24) Retail sales and service: One (1) space per one hundred (100) square feet of that portion of the gross floor area which is devoted to sales and customer service. (25) Restaurant (carry-out or drive-in): One (1) space per one • hundred (100)square feet of that portion of the gross floor area which is devoted to sales and customer service. (26) Restaurants (fast food): One (1) space per fifty (50) square feet of gross floor area,or one(1)space per three(3)seating accommodations. whichever is greater. (27) Restaurants (standard): One(1)space per three(3)seating accommodations, or one (1) space per one hundred (100) square feet of gross floor area,whichever is greater. (28) Schools: (a) Senior high,college and university: Two(2)spaces per three(3)teachers and employees normally engaged in or about the building or grounds,plus one(1)space per five(5)students,or one(1)space for each one hundred, fifty(150)square feet of seating area,including aisles, Supp.No.21 1144 j • Sec.VIII APPENDIX A—ZONING Sec.VIII • in any auditorium, gymnasium or cafeteria intended to be used as an auditorium, whichever is greater. (b) Elementary and junior high:Three(3)spaces per room used for administrative offices,plus one(1)space per room used for class instruction, plus one (1) space for each six (6) seats in auditorium and other places of assem- bly or facility available to the public. (c) Trade and Vocational: Five (5) spaces per room used for administrative offices, plus one (1) space per room used for class instruction, plus one (1) space for each five(5)seats in auditorium and other places of assem- bly or facility available to the public. (d) Day nursery, kindergarten, pre-school, and day care center: Two (2) parking spaces per three (3) teachers , and employees normally engaged in or about the build- ing or grounds,plus one(1)off-street loading space per \, eight(8)pupils. (29) Shopping centers: One (1) space per one hundred seventy- five(175)square feet of gross leasable area(GLA). (30) Wholesale establishments: One (1) space per one hundred (100) square feet of customer area plus one (1) space per four hundred(400)square feet of noncustomer area. (31) Uses not specifically mentioned: For any use not specifi- cally mentioned, off-street parking requirements for a use which is mentioned and to which the said use is similar shall apply. (32) Mixed uses: In the case of mixed uses, (exclusive of shop- ping centers), the total requirement for off-street parking shall be the sum of the requirements of the various uses computed separately. Stipp.No.21 1145